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Name
Elizabeth Blackburn QC
Elizabeth Blackburn QC has been in practice as a specialist advocate and adviser at the Commercial and Admiralty Bar since 1980 and took silk in 1998. Her range of work covers arbitration, shipping and the international carriage of goods; international trade and associated finance; surety, guarantee and performance bond disputes; marine insurance; P&I Club issues; marine pollution; collision, salvage and towage disputes; shipbuilding, damage to marine engines and marine/off shore installations, maritime limitation of liability, maritime International Law and Treaty Obligations; conflict of laws and jurisdictional disputes. She is recommended as a shipping silk in both The Legal 500 and Chambers & Partners where she is described as being valued by solicitors for her ability in wet disputes, “industry sources say that she has a strong grasp of the law relating to pollution”, and “always on top of the issues and comes across very well: pollution, jurisdictional issues and limitation are her specialities.”
She was part of the UK Delegation at the May 2003 IOPC Supplementary Fund Diplomatic Conference, and is now involved with the UK Government in the finalising of a draft Wreck Removal Convention in preparation for a forthcoming Diplomatic Conference. She is also the legal member of the Department of Culture’s Advisory Committee on Historic Wreck Sites and has a particular expertise in relation to Maritime Cultural Heritage Issues.
Elizabeth Blackburn has sat as an arbitrator in a number of maritime and non- maritime disputes and has been appointed as a sole arbitrator in international trade/finance disputes by the ICC International Court of Arbitration on the recommendation of the National Committee.
She is a Member of the Executive Committee of the British Maritime Law Association, a Member of the Executive Committee of the London Shipping Law Centre, a Member of the ICC UK Transport Committee; a Fellow of the Society for Advanced Legal Studies; a member of the Commercial Bar Association; and a Supporting Member of the London Maritime Arbitrators’ Association.
PRACTICE AREAS
Her range of work covers, shipping and the international carriage
of goods; international trade and associated finance; conflict of
laws and jurisdictional disputes; marine insurance and reinsurance;
surety, guarantee and performance bond disputes; marine pollution;
Arbitration
- International maritime and commercial arbitration
- Lloyds Form Salvage Arbitration
- ICC arbitration
International Trade and Associated Finance
- FOB/CIF sale contracts
- Documentary credits and associated finance.
- Surety, guarantee and performance bond disputes.
Insurance and Reinsurance
- Disputes as to coverage and non-disclosure
- Construction of policies
- P&I Club issues
- Issues arising from the Equitas Reinsurance and Run-Off Agreement
Shipping
- Charterparty and bill of lading disputes, unseaworthiness claims;
unsafe port disputes
- General Average
- Collision, Salvage, Towage disputes
- Shipbuilding and shiprepair disputes
- Damage to marine/offshore installations
- Marine limitation of Liability
- EC Shipping Law
- Issues relating to Historic Wrecks and the Maritime Cultural Heritage
Marine Pollution
- CLC and IOPC Fund Compensation and Supplementary Compensation
Fund
- Bunker Liability
- Hazardous and Noxious Substances
- Intervention Convention 1969 and the 1973 Protocol
- Nuclear liability
Conflict of Laws and Jurisdictional Disputes
International Law: United Nations Convention on the Law of the Sea 1982
RECENT SIGNIFICANT CASES AS LEADING COUNSEL:
Collisions, Limitation of Liability and Salvage/Scopic
ANNA PC: FRONT VANGUARD (September 2006) acting for the owners of ANNA PC in this grounding in the Suez Canal and consequential oil pollution giving rise to very substantial claims.
KAMINESAN: HYUNDAI No 105: MAMITSA acting for the owners of the VLCC KAMINESAN in this major tri-partite collision in the Singapore Strait with claims in excess of US$100 million which is presently being litigated in Singapore. This case has involved advising on various jurisdictional and limitation issues, and is presently heavily involved in the 6 actions ongoing in Singapore. This was the largest casualty worldwide in 2004.
The CRISTOFORO COLOMBO acting for shipowners in this major grounding casualty in the Sakhalin area of Russia with claims presently in excess of US$39 million. The 4 week salvage/Scopic claim is fixed for the summer of 2007.
The ECE: GENERAL GROT ROWECKI acting for the owners of GGR in this case arising out of the well publicised collision in the English Channel in January 2006 in which ECE sank. This case has also involved jurisdictional and limitation actions.
The HAN: ALIOS ARTEMIS acting for the owners of HAN. Jurisdictional and limitation issues have again arisen out of this collision off Hydra in June 2006.
BRIGHT ARTEMIS:AMAR: instructed for the owners of Bright Artemis in relation to this collision in 2006 which occurred during a rescue operation.
CHRISOPIGI LADY:YUE SHAN instructed for owners of CL in relation to this collision in the Singapore Strait in May 2005.
CONTSHIP AUCKLAND: MIRI CAHAYA instructed for the owners of the CA in relation to this collision in the Singapore Strait in May 2004.
The DONGEDIJK (2004/5) Capsize of a laden container vessel off Port Said: Admiralty Court Limitation action.
The TRICOLOR and KARIBA: (2003 and ongoing) major maritime casualty and wreck removal in English Channel, involving jurisdictional and worldwide limitation issues, acting for Owners of KARIBA, again claims in excess of US$100 million.
The GUDERMES and the ST JACQUES II : [2003] 1 Lloyd’s Rep. 203: collision and limitation action involving laden tanker in English Channel in April 2001. First case in which a claim to limit under the 1976 Limitation Convention was allowed to proceed to trial. The MSC ROSA M [2000] 2 Lloyd’s Rep 399: multi-bill of lading cargo dispute arising out of a near capsize in the Channel, one of the first cases in which the right to limit under the 1976 Convention was seriously challenged.
Todd v Adams: the MARGARETHA MARIA C.A. [2002] 2 Lloyd’s Rep. 293: Total loss of beam trawler; breach of statutory duty; limitation of liability in context of contract of service, and joint ventures.
Major Oil and Hazardous and Noxious Pollution Cases
The IEVOLI SUN : (2000 to 2003) Total loss of chemical carrier in the English Channel, carrying bunkers, hazardous and noxious substances. Acting for Shipowners.
The ERIKA: advising owners P& I Club in relation to various issues arising out of this major maritime disaster in France.
The NAKHODKA : (1997 to 2002) Total loss of laden tanker, leading to major maritime disaster in Japan, acting for shipowners. Claim by the IOPC Fund in excess of £189 million; involved litigation in both Japan and UK. Along with the PRESTIGE and ERIKA, the NAKHODKA is one of the largest oil pollution cases ever dealt with by the IOPC Fund. Also raised issues on the international law of the Sea, treaty obligations, carriage of goods and marine insurance.
Commercial
The SEA ANGEL: TASMAN SPIRIT, [2006] EWHC 1713 (Comm) acting for the successful shipowners in this important case involving alleged frustration of charterparty arising out of the salvage of this large scale pollution casualty in Pakistan. The 3 day appeal is to be heard in the Court of Appeal in March 2007.
Grenco v Grenco B.V. v J&E Hall Limited, Jackstone Froster Limited: Representing Defendant suppliers of vertical stack plate freezers for industrial use on land and on board ocean-going vessels. Defending substantial claims for damages and loss of profits for breach of contract and/or negligence concerning amongst other things the design and supply of aluminium freezer plates. 3 week Commercial Court trial due for hearing in May 2007.
LUCKY LADY: (2006) Advising on unsafe port and ISM issues involving substantial sums
APL PANAMA: (2006) acting for Lykes Line, advising on the commercial issues which have arisen out of the grounding in December 2005 and consequent salvage.
Sea Beam Maritime v Fortis Corporate Insurance NV: The ANTIGONI (2005/2006) Anti-suit injunctions in the context of London arbitration and EU courts.
Re: Radioactive cargo (2005) acting for German shipowners involved in a series of shipments of radioactive cargo each worth in excess of 22 million euros, advising in relation to potential nuclear liability under the OECD 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy and related insurance issues.
Cristal Limited Contract (2003-2006) Advising various Canadian Oil Multi Nationals on run off claims under the now defunct CRISTAL contract in relation to reimbursement for oil pollution incidents which occurred in the 1990s.
CAPE JUPITER (2004/5) advising on unsafe port and ISM issues again involving substantial sums
Princesca Oceanica v Merrion Reinsurance (2003) Commercial Court trial concerning a series of performance bonds and reinsurance cut through endorsements; after a successful settlement was negotiated during the hearing, the defendants reneged on the settlement – obtaining world wide freezing orders; leading to committal and sequestration of directors’ assets .
The PALVIA (2003) Advising on potential claims for breach of Article 10EC via European Commission in relation to national state breaches of recent EC Directives and Regulations on maritime safety within the EC.
The FREJA SCANDIC [2002] EWHC 79: letter of indemnity/fraudulent misrepresentation dispute relating to the non delivery of a cargo of gas oil in China.
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